He was born tetraplegic and spastic due to suffering shortly before birth that had caused a lack of oxygen in the brain. An irreversible damage caused, according to the Court of Cagliari, by the imprudence of the health workers of the Santissima Trinità hospital who have now been sentenced to pay over two million euros, which however will become almost three if you also count the interests, the revaluation and the legal costs.
The sentence
The sentence condemning the ATS, the Health Protection Agency, to pay a huge compensation to the parents and the child born with a disability due to "hypoxic-ischemic suffering during labor, which directly caused severe infantile cerebral palsy," was filed yesterday by Judge Giorgio Latti. Lawyers Carlo Monaldi and Stefanino Casti appeared in court to defend the family, while the health agency was assisted by lawyer Carlo Diana. The expert opinion ordered by the judge to doctors Francesco Atzei and Antonio Salis was crucial, establishing that there had been a delay in the decisions of the health workers, thus lengthening the labor period to the point of causing the newborn's suffering. According to the experts, given the situation, the doctors should have administered oxytocin early or opted for a cesarean section, thus avoiding the damage caused by the "excessively wait-and-see conduct" contested by the Santissima Trinità team.
The story
The story dates back to a few years ago, when the future mother had arrived at the hospital with labor pains, but had remained for over 11 hours waiting for the ideal conditions for natural birth. In reality - hence the civil suit - the consultants had ascertained that the tracings had highlighted some elements that should have induced the health workers of the department to intervene earlier and more promptly, so as to give birth to the baby.
The compensation
For the judge, therefore, there is a causal link between the behavior of the medical team and the irreversible damages suffered by the child due to the suffering suffered shortly before birth (i.e. the poor flow of oxygen to the brain). Hence the sentence to compensation of 2 million and 100 thousand euros which, with interest and revaluation, come to 2 million and 750 thousand euros. In addition, the ATS will have to recognize the family and the child's legal expenses which bring the compensation to almost three million. The Health Authority will still be able to appeal.
Francis Pinna
